I live in a 3 unit building and I know the building does not have a C of O. I want to know if I am legally obligated to pay rent. What is the best way to proceed so that I don't break any laws by withholding rent? Should I tell my landlord that I am aware that there is no C of O on the building? He owns multiple properties on the street, none of which have a C of O. What are my rights as a tenant in such a building?
Buildings constructed before 1938 are not required to have a CO.
If your building was constructed before 1938 and there has been no change in use or additions to the property, it may not have a CO. If proof is required that no CO exists, the Department will provide you with a letter confirming that a CO is not required for the building because it was constructed prior to 1938. If you require proof of the legal use of a building that does not have a CO, you must obtain a “Letter of No Objection” from the Department of Buildings’ borough office where the property is located. Applications are available at each borough office. You may need to research existing records of the property filed at the Department and bring any documents such as old property surveys, deeds, water bills, or tax assessments to the borough to prove the longstanding use of the property.
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